× Members

Help needed to understand the PA4

More
4 years 3 months ago #254870 by pollenpath
Help needed to understand the PA4 was created by pollenpath
I wonder if anyone could help shed light on a couple of things in the assessment report, which I've just received.

I should start by saying that there was good news and bad news, and while I'm grateful for the good news I'm also deeply disappointed and quite angry at the bad news. Last year I was reassessed for ESA on paper during the first lockdown and awarded another Support Group stay for 18 months. A few months later the PIP review form arrived. Between the ESA assessment and getting the AR1 I broke my back, and yet IAS didn't take this into account and decided to review me over the phone anyway. I might add that I submitted a detailed claim form based on th best advice here and lots of relevant and contemporary letters, care plans, etc. I note that the PA4 indicates that they haven't contacted any of my doctors or my psychiatrist.

During the call I made a point of reiterating that I've been unable to do prescribed courses of physiotherapy at home (for other conditions) because the spinal fracture had no direct traumatic cause. (But I have osteoporosis and that can happen, even though I'm relatively young.) However, since my treatment pathways have been very limited by the Covid situation I'm still no further forward in terms of investigating the fracture and scope for revised treatment, and in the meantime have been advised not to undertake any physiotherapy at home or at hospital. I live alone, so the safety aspect is a big consideration, all sorts of risk involved. Assessor has chosen to ignore this altogether! I feel sure a tribunal would seriously acknowledge the risks involved and also understand that it has set my recovery back from other conditions.

Anyway, my previous award (DLA to PIP) was standard rate daily living for 3 years. I got precisely 8 DL points back then, and 4 for mobility. I was too ill to dispute it at the time, but I lost around half the monthly DLA rate I had been at for 5 years previously.. The assessor's report today gives me 10 points for Daily Living and 8 for Mobility. Had the physiotherapy situation been taken into account I'd have scored another 4 points at least. Not only that, but the assessor has also ignored how my (diagnosed and medically evidenced) EUPD affects me socially and scored me 2 points, so there's another valid point of contention. I'm happy with the Mobility decision, on the other hand.

But the thing that has really got my goat is the recommendation that my award be reviewed in 18 months!! And that's my first question - does that equal the length of my award when the DM's letter arrives, or will there be a year added to that 18 months, so that it actually means I won't be reviewed for at least another 18 months? Because I think I could just about live with a 30-month award, but the idea that they could conceivably review me in 6 months is ludicrous and I will ask for MR.

My second question is about a part near the end of the form that says "It is likely that the functional restriction identified in this report will be present at the recommended point of review". The assessor has clicked Yes to this section and I have no idea what that means. Perhaps it's deeper and more meaningful to the DWP than it appears to me, but it seems to contradict the point of reviewing me at that stage? If my functional restrictions are still going to be present at the point of review, is that them acknowledging that I do indeed have longer term disabilities, or what?! I'm confused.

For balance, the call with the assessor wasn't the ordeal I'd dreaded. She was professional and thorough and I didn't get one single 'nonsense' question, as so many do (and as I did at DLA to PIP face to face). So I was spared in that respect, and I can actually believe that the assessor does work for the profession stipulated on the PA4. I just think she was working to an agenda nevertheless, and has deliberately ignored all the evidence that suggests that I can't safely or effectively carry out at least 7 hours of weekly physiotherapy at home, as has been prescribed. We discussed it twice during the call! And she had a psychotherapist's and a psychiatrist's testimony regarding my EUPD diagnosis and limitations and has still only given 2 points :unsure:

Please Log in or Create an account to join the conversation.

More
4 years 3 months ago #254953 by BIS
Replied by BIS on topic Help needed to understand the PA4
Hi Pollenpath

I'm sorry you didn't receive the award or the award length you were hoping for. Hopefully, I can answer some of your concerns.

1. PA4 - no indication of GP or specialists being contacted. It is very rare for the DWP to contact specialists or GPs (although it says they will). In reality, they expect claimants to provide sufficient information (because it would take too much time and the costs would be astronomical).

2. Review date of 18 months. That will be from the date on your decision letter. Yes, it could mean that you could receive a review form any time after eight months. You can certainly raise the length of your award through an MR, but be warned, very few people are successful in getting their awards extended. However, this doesn't mean you shouldn't try.

3. Functional restriction. They are saying as you thought that the functional restrictions you have will be present in 18 months. They are acknowledging that you have a long term problem that will still be there in 18 months time. They are not implying that it will be there beyond that

4. Putting in for an MR. If you're going to put in for an MR, go through our Guide on Appeals (which has the information on Mandatory Reconsiderations). Go through your report and check that at every stage you showed how your condition impacted on your ability to fulfil the PIP criteria. See if there's anything that might not be clear. Also don't assume the person reading it will understand what you're talking about. The decision will be made by a non -medical person - so don't make assumptions that the person reading understands your difficulties.

www.benefitsandwork.co.uk/help-for-claimants/pip

Come back if you have any more questions and we will try and help.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: pollenpath

Please Log in or Create an account to join the conversation.

More
4 years 1 month ago #256565 by pollenpath
Replied by pollenpath on topic Help needed to understand the PA4
Hi everyone, just wondering if anyone knows the answer to this scenario:

Had a phone call recently from a case manager who asked how long my mobility has been affected by my conditions. She wanted to gauge if she could pay me a mobility component from the date my review form was sent out last summer. After I'd given her a bit more info she was happy to backdate the mobility award. Obviously I was very pleased with that, until a few hours later when I got a horrid doubt in my mind. As in my earlier post, I've seen the assessor's report from my recent phone assessment and she recommended an 18 month award. Does the case manager's decision to backdate the mobility component mean that the 18 month period will start from when the review form was sent out 6 months ago? Because if so, it could be I get another review form through the letterbox before the decision letter even arrives :ohmy:

Please Log in or Create an account to join the conversation.

More
4 years 1 month ago #256570 by BIS
Replied by BIS on topic Help needed to understand the PA4
Hi Pollenpath

We can't answer that one with any certainty. You can either ring and ask or wait for your decision letter.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: pollenpath

Please Log in or Create an account to join the conversation.

More
4 years 1 month ago #256585 by Waylay
Replied by Waylay on topic Help needed to understand the PA4
I'm no expert, but I had a thought about the physio. Perhaps she didn't award you points because, although you're prescribed physio, you've also been told not to do it. She may have taken the view that you're therefore not really prescribed those 7 hours of physio at the moment, so you can't score points for that activity.
The following user(s) said Thank You: pollenpath

Please Log in or Create an account to join the conversation.

More
4 years 1 month ago #256586 by Waylay
Replied by Waylay on topic Help needed to understand the PA4
Also, don't assume that the assessor or the decision-maker know much (or for that matter, anything) about EUPD. You need to describe how it affects you very specifically, for each activity that you think it applies to.
The following user(s) said Thank You: pollenpath, Catherine

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.